People v. Miranda-Olivas

• Citation: 41 P.3d 658
• Decision Date: 29 October 2001
• Docket Number: No. 01SA227.,01SA227.
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Efren MIRANDA-OLIVAS, Defendant-Appellee.
• Court: Supreme Court of Colorado

41 P.3d 658

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Efren MIRANDA-OLIVAS, Defendant-Appellee.

No. 01SA227.

Supreme Court of Colorado, En Banc.

October 29, 2001.

A.M. Dominguez, Jr., District Attorney, Nineteenth Judicial District, Michele Meyer, Deputy District Attorney, Greeley, CO, Attorneys for Plaintiff-Appellant.

Michael Varallo, Greeley, CO, Attorney for Defendant-Appellee.

Justice RICE delivered the Opinion of the Court.

In this interlocutory appeal pursuant to C.A.R. 4.1, the People seek reversal of the trial court's suppression of statements made by Defendant to police on April 9, 2001. The trial court ruled that a police officer's statement to Defendant that he did not want to see Defendant's girlfriend "get drug into this thing if not actively involved" was "tantamount to a valid threat to arrest a woman who he had no reason to believe was involved," rendering Defendant's statements involuntary as the product of coercive conduct.

The record does not support the trial court's finding that Defendant's statements were involuntary as the product of coercive conduct by police. Instead, in reviewing the totality of the circumstances surrounding Defendant's statements, we find that the record demonstrates that Defendant's statements were not the result of any force, threats, promises, or other forms of undue influence exerted by police. Thus, Defendant's will was not overborne by police and his statements were voluntary. We therefore reverse the suppression order and remand the case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

Defendant was charged with one count of possession of a schedule II controlled substance, 450-1000 grams, with intent to distribute, § 18-18-405(3)(a)(II), 6 C.R.S. (2001). These charges arose out of a police search of Defendant's residence. The original target of the search warrant was Joaquin Anchondo Villalobos, Defendant's uncle.

At the start of the search, police escorted Defendant, at gunpoint, with his pregnant girlfriend,¹ Claudia Lechuga, from a bedroom in the house into the front yard and handcuffed him behind his back. Officer Schrimpf, an investigator involved in the execution of the search warrant, testified, "Mr. Olivas was very nervous, and he made a statement saying, I know that — like this is pretty close to what he said, I know my uncle is in some bad shit. I'll tell you anything you want to know. He made a spontaneous statement to that effect." (R. at vol. II, p. 19.) After Sergeant Black, the officer in charge of the task force personnel executing the search warrant, arrived at the scene, he advised Defendant that he was not under arrest; however, because the officers believed Defendant might perceive he was under arrest, Sergeant Black advised Defendant of his Miranda rights. Defendant indicated that he understood his rights and agreed to answer questions. According to Officer Schrimpf, Defendant told Sergeant Black that he did not know anything, that he only recently moved into the residence, and that he was scared and nervous. At that point, Officer Schrimpf confronted Defendant and told him that he did not believe him, given his earlier spontaneous outburst, and that it was important for him to tell the truth.

Officer Schrimpf then spoke with Lechuga who told him that Defendant had been present during the narcotics transactions with his uncle; that Defendant required her to go into the bedroom during the transactions because he did not want her involved; and that Defendant had hidden a couple of handguns in the house. After speaking with Lechuga, Officer Schrimpf confronted Defendant again, telling him that he knew he was lying. Officer Schrimpf also testified that he told Defendant that he "didn't want to see Claudia get drug into this thing if not actively involved" while emphasizing to Defendant the importance of telling the truth.² (R. at v. II, p. 27.)

Defendant then admitted that he had been present during several drug transactions and that he had accompanied his uncle on two occasions when his uncle sold cocaine. He also told Officer Schrimpf the location of drugs in the house. Although Officer Schrimpf was armed, he kept his gun in his holster while speaking with Defendant, who was seated, still handcuffed, on the couch in the living room during the second conversation with Officer Schrimpf. The conversation was in English and lasted approximately thirty minutes, including the time during which Officer Schrimpf spoke with Lechuga. Defendant did not ask to speak to a lawyer nor did he indicate a desire to stop speaking with police. Officer Schrimpf made no promises to Defendant in order to entice him to give a statement.

At trial, Defendant pleaded not guilty and filed a motion to suppress the statements he made to police during the interviews on April 9, 2001. At the suppression hearing, the state presented testimony from the police officers involved in the questioning of Defendant. The defense did not present any testimony. After the hearing, the trial court granted Defendant's motion in part. It held that Defendant's statements before Officer Schrimpf "made the statement to Mr. Miranda that his girlfriend would be arrested, and otherwise implied she would be in trouble if he didn't fess up" were voluntary and intelligent, but Defendant's statements after Officer Schrimpf's statement were involuntary and the product of coercive conduct by the police. The trial court also ruled that up to the point of Officer Schrimpf's statements about Lechuga, Defendant was in custody and intelligently and knowingly waived his Miranda rights. This appeal followed.

II. ANALYSIS

A. VOLUNTARINESS

The Due Process Clause of the Fourteenth Amendment prohibits admission of involuntary statements into evidence.³ Colorado v. Connelly, 479 U.S. 157, 181-82, 184, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). When a defendant challenges the voluntariness of a statement, the prosecution must establish by a preponderance of the evidence that the defendant's statement was voluntarily made. People v. Valdez, 969 P.2d 208, 210 (Colo.1998).

"[C]oercive police activity is a necessary predicate to the finding that a confession is not `voluntary' within the meaning of the Due Process Clause of the Fourteenth Amendment." Connelly, 479 U.S. at 167,107 S.Ct. 515,93 L.Ed.2d 473 (1986). Police coercion includes not only physical abuse or threats directed at a person but also subtle forms of psychological coercion. People v. Gennings, 808 P.2d 839, 843-44 (Colo.1991) (citing Arizona v. Fulminante, 499 U.S. 279, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991)). Although a defendant's mental condition does not by itself and apart from its relation to official coercion resolve the issue of constitutional voluntariness, Valdez, 969 P.2d at 211 (citing Connelly, 479 U.S. at 164,107 S.Ct. 515; Gennings, 808 P.2d at 844), "the deliberate exploitation of a person's weaknesses by psychological intimidation can, under certain circumstances, constitute coercion rendering a statement involuntary." Valdez, 969 P.2d at 211 (citing Gennings, 808 P.2d at 844). Moreover, police must not make any direct or implied promises or exert an improper influence in order to obtain the statement, People v. Medina, 25 P.3d 1216, 1222 (Colo.2001) (citing People v. Quintana, 198 Colo. 461, 464, 601 P.2d 350, 351 (1979)), and "[c]oercive physical or psychological conduct by the government renders an otherwise voluntary statement involuntary, if the conduct plays a significant role in inducing the statement." Medina, 25 P.3d at 1222.

Ultimately, the test of voluntariness is whether the individual's will has been overborne. Valdez, 969 P.2d at 211. In determining whether a confession or inculpatory statement is voluntary, a trial court should analyze the totality of circumstances under which the statement was made. Gennings, 808 P.2d at 844 (citing Mincey v. Arizona, 437 U.S. 385, 401, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978)). These factors include, but are not limited to: whether the defendant was in custody or was free to leave and was aware of his situation; whether Miranda warnings were given prior to any interrogation and whether the defendant understood and waived his Miranda rights; whether the defendant had the opportunity to confer with counsel or any one else prior to the interrogation; whether the challenged statement was made during the course of an interrogation or was instead volunteered; whether any overt or implied threat or promise was directed to the defendant; the method and style employed by the interrogator in questioning the defendant and the length and place of the interrogation; and the defendant's mental and physical condition immediately prior to and during the interrogation as well as his educational background, employment status, and prior experience with law enforcement and the criminal justice system. Gennings, 808 P.2d at 844.

B. DEFENDANT'S STATEMENTS

A trial court engages in both fact-finding and law application when it rules on a motion to suppress a confession or inculpatory statement. People v. Gennings, 808 P.2d 839, 844 (Colo.1991) (citing People v. Quezada, 731 P.2d 730, 732 (Colo.1987)). In reviewing suppression appeals, we grant deference to a trial court's findings of historical fact that are supported by competent evidence in the record. People v. Pitts, 13 P.3d 1218, 1221 (Colo.2000); Quezada, 731 P.2d at 732 (trial court's findings of fact will not be overturned if supported by competent evidence in the record). Where, however, findings of fact are clearly erroneous or not supported by the record, we set them aside. People v. Mendoza-Balderama, 981 P.2d 150, 158 (Colo.1999); Gennings, 808 P.2d at 844 (reversing a suppression order after ruling that the trial court's findings were not supported by competent evidence in the record). Thus, both a trial court's application of an erroneous legal standard in resolving a suppression motion and a...